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The answer depends on the laws in your state. Some states give HOA liens special priority (super lien status) and places them before a mortgage that was recorded first. In that case, the mortgage company will generally pay the overdue fees if the HOA threatens to foreclose on its lien.

If you are not in a super lien jurisdiction and the first mortgage is foreclosed, the HOA lien would be wiped out.


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Q: What happens when two foreclosures are filed on a property one by the lender and one by the Homeowners Association several months later. Which one takes priority?
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